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Supreme Court petition to take Trump off Minnesota ballot

Posted: Sep 09 2016 09:53AM EDT

Updated: Sep 12 2016 07:32AM EDT

ST. PAUL, Minn. (KMSP) - Thursday night, the Minnesota Democratic-Farmer-Labor Party filed a petition with the Minnesota Supreme Court to remove Donald Trump and running mate Mike Pence from the Minnesota ballot. The DFL claims Minnesota Secretary of State Steve Simon shouldn’t have accepted the Republican Party's "certificate of nomination" last month because they didn’t follow proper procedure when alternate electors were nominated.

"It is apparent that clear errors occurred in the Republican process of selecting alternative electors for getting Donald Trump on the Minnesota ballot," said DFL Chair Ken Martin, who filed the petition. "It is incumbent upon political parties to follow the rules binding our elections and in this instance it does not appear that the Minnesota Republican Party did so."

According to the petition: “the State Republican Party’s leadership ignored state law. Specifically, on August 24, 2-16, the State Republican Party Executive Committee met to select and approve alternate presidential electors itself. This process, however, did not occur at a State Convention.”

Hamline University law professor David Schultz predicted this challenge in an interview with Fox 9 last month, but said the courts will likely keep Trump on the ballot.

“It’s going to wind up in the courts if for no other reason than to create mischief for the Republican Party,” Schultz told Fox 9. “I think the Minnesota Supreme Court would probably err on the side of allowing the Republican Party and their electors, on the ballot.”

GOP: Trump on the ballot 'fair and square'

“Donald Trump got on our ballot fair and square, and it is outrageous that the Democrat Party would actually try to rig the election this way,” said Republican Party of Minnesota chairman Keith Downey, “It sure smells bad when the Democrat Party petitions the Democrat Secretary of State to remove the Republican candidate from the presidential ballot. With Mr. Trump gaining strength every day and Hillary Clinton tanking in the polls, it appears Minnesota Democrats are very worried. In the end the Clinton machine's blatant and frivolous attempt to disenfranchise so many Minnesota voters will backfire - it's everything that people see wrong with politics."

Secretary of State: One million ballots already printed

An affidavit filed by the secretary of state’s legal advisor says 83 of Minnesota’s 87 counties use the same vendor for ballot printing, and at least one million ballots have already been printed for the general election. Therefore, any ballots would need to be reprinted by Sept. 12 in order to redesign and reprint the ballots in time for Sept. 23 early voting.